The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

§10. The constitution also prescribes the qualifications of senators and representatives. If, as qualifications for an elector, full age, citizenship, and a considerable term of residence in the state and county, are properly required, as we have seen, (Chap. VI. §2-5,) they must be at least equally necessary for those who make the laws. In no state, therefore, are any but qualified electors eligible to the office of senator or representative. In some states, greater age and longer residence are required; and in some, the age and term of residence have been still further increased in the case of senators. The property qualification formerly necessary for members of the legislature, as well as for voters, has been almost entirely abolished. (Chap. VI. §8.)

§11. If a member of the legislature dies, or resigns his office before the expiration of the term for which he was chosen, the vacancy is filled by the election of another person at the next general election, or at a special election called for that purpose, or in such other manner as the constitution may provide. But a person chosen to fill a vacancy, holds the office only for the remainder of the term of him whose place he was chosen to supply.

Chapter X.

Meetings and Organization of the Legislature.

§1. The legislature meets as often as the constitution requires, to enact such laws as may be necessary to promote the public welfare, and to perform such other duties as are assigned to it by the constitution and the laws. In about half of the states, sessions are held annually; in the others biennially, or once in two years. A legislative session includes the daily meetings of a legislature from the time of its first assembling, to the day of final adjournment. Thus we say the session commenced in January and ended in March. The word session has reference also to a single sitting, from the hour at which the members assemble on any day, to the time of adjournment on the same day. Thus we say, the legislature holds a daily session of four hours; or, it holds two sessions a day, as the case may be.

§2. Meetings of the legislature are held at a place permanently fixed by the constitution; at which place the principal state officers keep their offices. Hence it is called the seat of government, or perhaps more frequently, the capital of the state. Capital is from the Latin caput, the head, and has come to mean chief, or the highest. A capital city is therefore the chief city of a state or kingdom. But the word capital, applied to a city, now generally indicates the seat of government.

§3. When the two houses have assembled in their respective chambers, some person designated for that purpose administers to the members of each house the oath of office, in which they solemnly swear (or affirm,) that they will support the constitution of the United States, and the constitution of the state, and faithfully discharge the duties of their office.

§4. Each house then proceeds to organize for business, by appointing proper officers, and determining the right of members to seats in the house. In organizing a legislative body, the first thing done is the election of a presiding officer, or chairman, who is usually called speaker. The lieutenant-governor, in states in which there is one, presides in the senate, and is called president of the senate. In the absence of the presiding officer, a temporary speaker or president is chosen, who is called speaker or president pro tempore, commonly abbreviated, pro tem., which is a Latin phrase, meaning for the time.

§5. The duty of the person presiding is to keep order, and to see that the business of the house is conducted according to certain established rules. When a vote is to be taken, he puts the question, which is done by requesting all who are in favor of a proposed measure, to say aye, and those opposed to say no. And, when a vote has been taken, he declares the question to be carried or lost. This part of a speaker's business is similar to that of the chairman of an ordinary public meeting.

§6. The other officers chosen by each house are, a clerk to keep a record or journal of its proceedings; to take charge of papers, and to read such as are to be read to the house; and to do such other things as may be required of him; a sergeant-at-arms, to arrest members and other persons guilty of disorderly conduct, to compel the attendance of absent members, and to do other business of a like nature: also one or more door-keepers. The officers mentioned in this section are not chosen from the members of the house.